9911796707
TMI Blog2015 (1) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... rate misdeclaration - Tribunal committed no error. The issues involved interpretation of the entries. The Tribunal when therefore, ordered deletion of personal penalty in our opinion, no question of law can be stated to have been arisen. - Decided against Revenue. - Tax Appeal No. 1126 of 2014 to First Appeal No. 1129 of 2014 - - - Dated:- 16-10-2014 - Akil Kureshi and Vipul M. Pancholi, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect to the personal penalties imposed by the adjudicating authority but deleted by the Government. The issue pertains to correct heading under which a structure in the nature of a vessel constructed by the assessee M/s. WBB. According to the department, the construction would qualify as yacht. This was opposed by the manufacturer on the ground that the same cannot be termed as a yacht or vessel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by M/s. Raymond Ltd. was in respect of a wooden hull motor yacht . Even if it is contended by M/s. WBB that they could not construct a complete yacht but what was constructed in WBB s yard was a hull with super structure, it had an essential character of yacht. This factual position is disputed by ld. Counsel for M/s. WBB by reading Chapter note and stated that essential character of a vessel of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the whether the hull and super structure thereon satisfies the basic requirement of a yacht or any other floating vessel or a structure. In our view the findings recorded by the adjudicating authority that the wooden hull cleared by M/s. WBB has attained character of a yacht is correct and the classification as done by adjudicating authority under chapter heading 89.03 does not require any interf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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